What proof, whether land been let stock and teind.
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In a spuilzie, Arbuthnot of Findourie against Lighton, the Lords sustained the action, (the same being restricted by the pursuer to wrongous intromission against the defender, who was convened therefor,) in respect he had uplifted from the tenants, possessors of the lands, a certain duty, both for stock and teind of the corns of that crop, for which the action was pursued; which receipt of that year they found sufficient to make him answerable for the true avail of the teinds of that year; albeit it was not libelled, that he had set the lands so for stock and teind, any other year before the year libelled, but one year allenarly; and albeit it was replied, That the defender's author, who was heritor of the lands the years preceding this year libelled, had been in use to set the same to tenants, for a duty promiscuously paid for stock and teind, which was probable by witnesses; albeit the defender contended, That it ought only to be proved by writ, or by his oath; and that the pursuer ought to prove, that the land were in use so to be set the years preceding the year controverted; which was repelled.
Act. Gibson.Alt. Mowat.Clerk, Gibson.
Durie, p. 386.
